NEW YORK (APRIL 1, 2009)—Screen Actors Guild and the American Federation of Television and Radio Artists announced today that the AFTRA/SAG Joint Negotiating Committee has reached a unanimous tentative agreement with the Joint Policy Committee (JPC) of the American Association of Advertising Agencies (AAAA) and the Association of National Advertisers (ANA) on terms for successor agreements to the AFTRA Television and Radio Commercials Contracts and the SAG Television Commercials Contract, subject to approval by the SAG/AFTRA Joint National Board.
The new three-year agreement contains a more than $36 million increase in wage rates and other payments for all categories of performers in the first year of the contracts, approximately $21 million in increased contributions to the SAG Pension and Health Plan and the AFTRA Health and Retirement Fund, establishment of a payment structure for work made for the Internet and other New Media platforms, important new monitoring provisions, and improvements for choreographers, extras, and Spanish language performers.
The new contracts also contain an agreement in principle outlining terms for a pilot study for the purpose of testing the Gross Rating Points (GRP) model of restructuring compensation to performers as proposed by Booz & Co. The two-year study is scheduled to commence on April 15 and will be conducted by a jointly retained consultant engaged by the Unions and the Industry. The results and possible adoption of the study’s findings will be subject to negotiation by the parties not later than January 3, 2012.
The unions successfully protected the critical “Class A” payment structure and continued unchanged the editing provisions in the existing contract.
Highlights of the new agreement include:
• Three-year agreement, term effective April 1, 2009 to March 31, 2012
• 5.1% overall increase in wages and other compensation over the life of the contracts, including a 4.43% increase, effective April 1, 2009, in Class A, Wild Spot, and basic cable session fees
• For product made for the Internet or in New Media, 1.3 times the minimum session fee for 8 week’s use and 3.5 times the minimum session fee for one year’s use
• 0.5% increase in the employer contribution rate to the AFTRA H&R and SAG P&H plans bringing the total contribution rate to 15.3%. The agreement provides for a cap on P&H and H&W contributions, but the committee successfully negotiated the industry from their initial demand of $250,000 to $1,000,000 per performer, per contract, per year.
• Secured five, new covered jobs for commercial extras, up from 40 to 45
• Established new exclusivity provisions for made-for cable only commercials
• Instituted, for the first time, a contract provision to pay extras a round-trip mileage fee of $8
• Increased foreign use payments under the Spanish Language section of the contract“The AFTRA and SAG commercials contracts provide our members with the solid foundation they need to sustain their careers and families,” observed AFTRA National President Roberta Reardon and AFTRA Chair of the Joint Negotiating Committee. “In this round of negotiations, during the worst economic crisis since the Great Depression, we successfully improved wages and expanded benefits to keep our members working now and in the future. This is a major victory for our unions—and a victory for organized labor as a whole—and I applaud the Joint Negotiating Committee for their vision, hard work, and solidarity.”
“I am so proud of the work of our Joint Negotiating Committee. It was a hard-fought negotiation and our greatest victory was in protecting Class A residuals payments. By securing a joint study to research and develop a workable compensation model, our negotiating committee protected every member who works under these contracts across the country,” said Sue-Anne Morrow, Screen Actors Guild Chair of the Joint Negotiating Committee.
“Our Joint Negotiating Committee held together in the face of some very tough issues and they stood firm for our core principles. We have achieved a deal that brings significant improvements to these contracts. Our gains include establishing the first-ever payment structure for made-for-the Internet and new media commercials and significant increases in wages during a very troubled global economy. I am proud to take this tentative deal to our Joint National Board,” said John T. McGuire, Screen Actors Guild Chief Negotiator.
“The Joint Negotiating Committee provided us with clear objectives borne out of the nationwide Wages and Working conditions meetings leading up to the negotiations,” said Mathis L. Dunn, Jr., Chief Negotiator for AFTRA and Assistant National Executive Director for Commercials, Non-Broadcast, and Interactive Media. “Among the priorities, our members asked us to increase minimum compensation and preserve Class A. We achieved those objectives and more, including agreement on a test study that will allow for a meaningful exploration of how best to adapt our contracts to meet the changing needs of all performers working in the shifting landscape of new technology.”
Formal negotiations between the 26-member AFTRA/SAG Joint Negotiating Committee and the Industry began on February 23 and concluded on the morning of April 1 in New York City.
Details of the new agreement will be submitted to the SAG/AFTRA Joint National Board for approval at a date to be determined, and if approved, will be jointly mailed to the membership of both unions for ratification thereafter.
Editor-in-Chief Nikki Finke - tip her here.





Gee. Look what can happen when Sag and Aftra work together. If only Aftra hadn’t been treated like an ugly step-sister a year ago we’d also be working with a new prime time contract too.
We must band together. It’s the only way to maintain strength.
And let the spin begin! This release is really Info-Lite isn’t it?
“0.5% increase in the employer contribution rate to the AFTRA H&R and SAG P&H plans bringing the total contribution rate to 15.3%. The agreement provides for a cap on P&H and H&W contributions, but the committee successfully negotiated the industry from their initial demand of $250,000 to $1,000,000 per performer, per contract, per year.”
I’d like to see what the numbers are capped at but I’ll bet you dollars to donuts that the 0.5% increase is really a net loss in P&H contributions…
I was wondering if SAG was still out there.
We are so F-ed. Please Vote NO.
Three times the SESSION FEE fee for One year’s use is being touted by these turncoats as a victory?
In case you can’t read past their skewed logic it is:
“For internet commericial–that’s the internet where all network content is rapidly moving– we have completely eliminated residuals in this contract. And we set up, get this, a once yearly buy out fee. A Buy out!!! Yeah!!!!
Advertisers can use your image as much as they want in that time, but unlike the old days, instead of supporting yourself on your image you will have about $1000 in your pocket.
AND we’ve finally improved methods of tracking the number of times an actual commercial runs. The producers agreed to this hard nose stance on our part, since we’ve eliminated per-use residuals so it couldn’t matter in the least how many times they run it.
We are your new negotiating committee, and while we work for producers, you can’t say we didn’t CC you.”
Wow, Zackery… TURNCOATS?
Your self-appointed club of true-blue fantasists… um, sorry, unionists… must be getting awfully small, seeing that even the Membership First partisans on SAG’s Commercial Contract negotiating committee APPROVED this deal.
Guess they’re turncoats too, huh?
No, zackery (a/k/a Matt M). You don’t get it at all.
The problem in the past has been that the internet rate was TOO HIGH. Advertisers weren’t using the move-over provision at all, even though it has been in the contract for almost a decade.
Going in to these negotiations, SAG and AFTRA announced at informational meetings an intention to make internet usage more affordable so that there would actually be come activity under it. The hope is that these rates will actually be used.
Otherwise, it’s just a bunch of zeros for actors.
This is a big win for the unions. Such negativity from the adultchildren. Times are tough you spoiled brats, so suck it up. Now leave the grownups alone. We’re busy creating wealth.
Well first off Zackery aka Matt Mulhern, Class A has been the only type that had residuals and still is thank goodness. Cable and internet has always been a buy-out. Along with a 4.5% increase in session fee, the buy-out is increased from 3x session fee to 3.5x. The only thing I have concerns about so far is the exclusivity provisions for made-for cable only term. This is a better contract then I thought we would get.
It’s 2009. The Internet only for Commercials has always been a buy out. The going rate has been $1500 a year for internet only. So? It’s a wash.
There may be a time to get pay per play/pay per click through — but I don’t blame the Committee for not getting it this time.
Maybe if we aren’t in a global recession in 2012 — we can get pay per click.
And for ‘Kevin’… “sticks and stones”, right pal?
AFTRA walked out becuase their itsy bitsy ego’s got threatened, remember?
This is business — not about Roberta ‘No Resume’ Reardon’s precious feelings.
I agree with Kevin about one thing. We WOULD have a TV Theatrical deal now, if Ms. Reardon and Company had not used ‘hurt feelings’ to engineer a walk out that cut SAG off at the knees.
As someone who makes his living from commercials – this contract blows. But I’m not surprised.
Very soon, fewer actors will be able to make a living acting because of this contract. Many will move on to other professions. Less quality actors will make things worse for the studios and even the companies on the other side of this deal.
They are only hurting themselves.
@ zackery,
Yep, sounds like they frosted a turd again.
If people are dumb enough to vote for this, I hope they enjoy going on welfare — because they sure won’t be able to make a living off their work like they used to.
David J. – Please post your opinion on this contract offer.
It’s a shame most of the commercial agencies will have to shut down with this contract. Their 10% of a three session buy-out every year won’t keep many agencies open. Which means lots of working commercial actors with anything below a B+ agency will lose their agencies and with that their opportunities.
Looks like UFS got their elitist union so Kate Walsh can do her Cadillac commercial all the other commercials free of competition from lesser-known actors.
Anyone who works as a commercial actor but is not famous be wise. You vote this contract in, you vote yourself out of the business.
Zackery-
Enough already ok? You’re going to say vote no to everything anyway so why post? We know where you stand.
I’d actually like to keep using SAG actors on commercials. I just had to do a non SAG job and casting was a bitch. Over 250 auditions and crap to choose from.
Trust me the client will go non sag in a heartbeat and blame acting problems on the directors and talent.
Go audition Zack. It’ll be good for your head.
“No matter what you come up with, we say NO!”
MembershipFirst mantra.
Oh, people, recognize who the enemy is.
Wow. Cooperation huh? Working together? Contract increases in the worst recession since 1928? Amazing what we can achieve working together. Let’s get the theatrical deal done and GET back to work already.
Commercial Director
“Go audition Zack. It’ll be good for your head.”
You probably aren’t surprised that I won’t be auditioning for you on your scab job, buddy.
But thanks for supporting my point of view and reiterating that it takes pros to do this job well. You do get what you pay for, we can both agree.
If we can just get the rest of the membership on board we can vote down this awful contract and get a decent one and get back to work.
A director who agrees to use non-union talent should get the blame don’t you think? It’s like a surgeon agreeing to operate with a butter knife. Who are they gonna blame?
A man has to know his limitations.
@ Zack-
How would you know if you’re auditioning for me or not? Do you think I sit in the room or do you think we hire a casting director? I tell you what ZACK, how about you give me permission to post your audition on here? How do you know I don’t already have a DVD with your audition on it?
So you want everyone to believe that YOU are now casting the director?
Like everything you’ve said so far you’ve got it all backwards. If I decide to have you audition, I’ll have your agent send you in. Just like they already have in the past. You won’t tell your agent you wont come in unless you know who the director is either. Try that and get dropped.
What color is the sky in your angry world Matt?
“Gee. Look what can happen when Sag and Aftra work together. If only Aftra hadn’t been treated like an ugly step-sister a year ago we’d also be working with a new prime time contract too.”
DEAR KEVIN DUAL CARD HOLDER-
YOU HAD ME IN AGREEMENT UNTIL YOUR COMMENT ABOUT THE UGLY-STEP-SISTER…GET A CLUE & LET THE PAST BE IN THE PAST.
My understanding is that even MADE for internet commercials are paid at the move-over rate under this deal. 3.5x scale buys them a year of use. So from now on they’ll be luring in the best talent for a network commercial then ‘deciding’ after the fact to use it on the internet only.
Say it’s a car commercial. That poor schmuck who was featured in it will end up with a couple of thousand, then be unable to book any other car advertising work for an entire year. Please someone tell me they added a clause that at least lets us do whatever commercials we want if they’re only showing on the internet. The way it sounds, now – commercial actors… career over.
The point is it’s all internet delivery folks. Class A is a thing of the past.
According to the LA Times, at the 2009 The International Consumer’s Electronics Show in Las Vegas this year “…every major (Television)set manufacturer unveiled models that can offer video from the Internet.” It concluded, “In short, ‘cable ready’ has given way to ‘Internet ready.’ ”
With netflix, hulu, crackle, youtube, nbc.com, abc.com, cbs.com, and on and on available on your TV running ad supported “TV shows” and movies the ads you’ll be watching– that you worked in– will be technically “on the internet.”
Everything ad supported you watch, whether on your cell phone, on your laptop, or yes! on your TV will be delivered via the internet. And these commercial and theatrical contracts that offer no meaningful internet residuals will mean… no meaningful residuals.
Someone noted: Broadcast TV is still a class A contract. What is Broadcast TV anymore?
The world has changed. You can think and wish and hope and pray it doesn’t happen, but it’s already happening.
Are some of you people still insisting the internet is not a viable means to deliver entertainment…really?
Let’s embrace reality, come up with a fair contract, and get back to work.
commercial director–”How would you know if you’re auditioning for me or not? Do you think I sit in the room or do you think we hire a casting director?”
Relax. I mistakenly assumed you were actually a commercial director from your handle.
You’ve just dropped a handful of tells, including the fact that you don’t understand the simplest concepts about a non-union project, which is union actors like myself don’t audition for non-union spots.
My not auditioning for your pretend commercial that you’re pretending to direct had only to do with it’s pretend non-union status. If you want to change it up and pretend it’s union then you can post my pretend audition from your pretend dvd. Although what that would prove, even in the pretend world, isn’t all that clear to me.
You’ll be surprised if you become a commercial director how small the community of working commercial directors and commercial actors actually can be– on the union side I mean.
Another tell; working commercial directors tend to be pretty articulate.
Thanks for clearing up the situation.
It seems that the folks on this blog downplaying this tentative deal have no grasp of the actual business of commercials.
Death of professional actors.
Death of residuals.
The internet is the real deal and Class A is dead.
And lastly, “…you don’t understand the simplest concepts about a non-union project, which is union actors like myself don’t audition for non-union spots.”
Of all the unions and Guilds in this town, SAG has more fi-core members than anyone.
And my favorite: “…how small the community of working commercial directors…actually can be.”
Better to remain quiet and be thought a fool than speak up and prove yourself one.
@Zack-
My first post said that I had to shoot a non SAG commercial. Yeah I did one. Didn’t like it. Not my choice. 99% of my work is full union. When jobs are bid from production companies and my rep to agencies, being SAG or not is not my decision. I am just the director, not the puppet master pulling strings as your conspiracist tone would suggest. It only has to be DGA for me.
Thats right ZACK, full union. That was my first and only non SAG job. Everyone else was union, IATSE, DGA etc…Oh, its on the air now, over 12 spots, with 20 actors.
ZACK why the anger? Why the conspiracy theories? Why is everyone out to get you? Why haven’t you realized that MF is shrinking minority?
Your petulance sounds like the republicans failing to accept that they lost and then trying to offer up their advice on the economy as if the last 8 years never happened.
Yikes. I support MF all the way — and I still say this deal is o.k — not great, but o.k..
Why?
Class A ISN’T dead — and I’ve got the pay stubs to prove it.
Anyone who doesn’t think Actors have been getting screwed by the ‘gotcha’ of auditioning for a ‘Class A National Network Commercial’ only to see a holding fee paid and 1 use done in 13 weeks is an amateur who doesn’t work the contract.
Actors have been abused by this ‘gotcha’ for 10 years, if not longer. Employers get the best talent to audition for ‘National’ spots — then they dump them on Cable and pay a holding fee to buy exclusivity. Duh….(Many Actors refuse to audition for Wildspot jobs for things like regional banks, or non National restaurants — because they can then no longer audition for big (better paying) National products.)
It sucks and I’m absolutely certain they will do the same thing on the Internet.
But I don’t think they will abandon Broadcast in 3 years. Major National Advertisers want multi platform access to eyeballs. If you are selling Coke — you don’t just want the ‘I pod’ set, you want to sell Coke to poor folks who don’t even get Cable but who have a tv with rabbit ears, you want to sell via billboards and magazines and Class A,Wildspot, and Cable, direct mail, and the Internet.
The way many of us make a pretty decent living is the multi platform payment structure used by major advertisers.It’s the smaller than it used to be Class A payment COMBINED with the Internet payment, the Wildspot payment and the Cable payment that has kept SAG Actors earnings up in Commercials — even as Class A has diminished. If they all ignore Broadcast and go ONLY
to New Media — then of course, we are all screwed.
But I look at my 150 something Cable and Broadcast channels, and I look at how many radio stations are on my car radio and I cannot fathom them all going ‘ad-less’ in 3-6 or even 9 years.
Look at Howard Stern, look at Cable. At first some people saw ‘subscription’ radio as being an ad free zone — same thing with Cable. But as costs rise and greed sets in, pretty soon the subscription channels have ads.The greedy Corporations just can’t help themselves — they keep adding new ad revenue streams.
Did anyone over 45 ever conceive of a day when every movie goer would sit through ten minutes of Commercials
every time you go to a movie theatre?
They have ads playing on screens above URINALS for cryin out loud.
Those who don’t understand MF need to know that many MF Members and allies from Hollywood were on the Commercial Negotiating Team.
If you a took a poll I’m sure they would all say they are o.k. with this deal — they would have liked to get more, but the deal is acceptable.
By the same token, if you took a poll from the same MF Negotiators about the TV Theatrical deal and the shameful way AFTRA walked out and left SAG ‘hanging’, I’ll bet the same folks would agree with David White that that deal “sucks”.
One of the main reasons why this deal is ‘palatable’ (if not spectacular) is that AFTRA did NOT walk out in a huff — but they stayed in the room and there was no undercutting.